Ngcobo massacre accused drill senior cop in trial-within-trial

A senior police officer testifying in the Mthatha high court on Wednesday expressed disappointment at accusations levelled against him by two of five accused of the murder of five Ngcobo police officers.

Maj-Gen Kholekile Galawe, of the Hawks unit based in Kimberly, took the witness stand on Monday to testify on the events that followed after officers on night duty in the rural police station were gunned down on February 21 2018.

He was head of the team that was investigating the case, including managing the officers who questioned the accused.

Andani Monco and Kwanele Ndlwana allege they were assaulted, tortured and suffocated in a garage where they were interviewed by police officers separately.

They claim Galawe entered the garage and did nothing to stop the assault. The court has heard on previous appearances that the accused now deny they made their confessions of their own free will. As a result there is a trial within a trial 30 months after the accused were arrested and refused bail.

“I am disappointed by the accusations against me,” Galawe told judge Robert Griffiths.

“As far as I know, the accused were very co-operative in so far as the investigation is concerned, to the extent that certain cases [about guns that were stolen in Butterworth and Cala] that we were unaware of were able to be solved,” he said.

Galawe testified that the accused had co-operated based on their religious beliefs. He said charges would have been laid if there was any assault.

“I remember one of the concerns we had was the issue of admission because they were tending to implicate themselves. They said legal representation and their rights were not necessary. They said they had to tell the truth and if need be, be punished for it.”

The court heard that the accused were devout in their beliefs.

Firing questions at the officer, Monco followed the same line of questioning as he had done on Wednesday with Lt-Gen Mark Magadlela, asking how Galawe felt when he heard about the incident, how the people in Ngcobo working the case were, and if he and the other officers were angry or not.

“I was shocked,” answered Galawe. He said the officers were dedicated in their work and had no reason to be angry about something that had already happened.

Monco said when Galawe entered the garage, the officers stopped suffocating him. He claimed Galawe was talking on the phone when he entered.

In turn, Galawe disputed going into the garage where the accused were questioned.

“That is an interesting lie, for you to be suffocated and be able to see someone on the phone. There is no logic in that,” he fired back.

Monco put it to Galawe that when he was eventually taken out of the garage he was cuffed to a burglar gate at the magistrate's court. Here he encountered Galawe, who told the officer accompanying him that there was no need for Monco to go back to the garage.

“You said I should be taken in for my confession. You said if I didn't say what you wanted me to say, you will know,” Monco put it to Galawe, who disputed this.

Monco further claimed that Galawe asked him on March 9 to be a state witness.

“You heard my testimony that police don't take decisions on who can be a state witness. That is something that did not happen,” answered Galawe.

Ndlwana, on the other hand, said when Galawe entered the garage, Galawe said: “Boy, don't waste our time.”

Ndlwana denied that he said, as Galawe had testified, that he did not believe in the constitution. He also denied saying anything about firearms that assisted police in solving other cases.

“What you are saying and the other people are saying about [our] beliefs is something Banele [Mancoba, one of the brothers] said, that was interpreted wrong.

“That is something that we are being tied to now because of our religion. Banele said a similar thing in 2016 or 2017 [on TV] while talking about the commission [for the promotion and protection of the rights of cultural, religious and linguistic communities] and the constitution,” said Ndlwana.

“You [police] did not hear anything about the guns from us. Don't put this on us. You [police] know how you got the guns that you are now putting on us as you are doing with this case,” he said.

Galawe, however, said police had been unaware of the incidences involving the firearms before questioning the witnesses.

Monco and Ndlwana, as well as Siphosomzi Tshefu, Siphesihle Tatsi and Phumzile Mhlatywa face charges including five counts of murder, robbery with aggravating circumstances, attempted murder, and unlawful possession of firearms and ammunition.

The trial-within-a-trial continues. — DispatchLIVE